Rhode Island has introduced a bill that would legalize the use of psilocybin in its state. This includes removing all penalties for possession, home cultivation, and sharing.
Rep. Brandon Potter’s (D) proposal would not create a retail commercial system for psilocybin, at least until federal reform is implemented. It would allow up to one ounce of psilocybin to be exempted from the state law on controlled substances until then. This is provided it has been “securely cultivated in a person’s home for personal use,” or that it’s possessed or shared between two people.
Potter, in an interview with Marijuana Moment said that the proposed change – which he called a decriminalization plan – is intended to give people who might benefit from psilocybin a flexible way to access it.
He said that “anything we do in the health sector must put patients first.” “When you look at all the overwhelming data showing health benefits, I didn’t want to create a model of legalization that would restrict access to those who need it.”
He said that allowing noncommercial growth and sharing of psilocybin “would create the framework for it to be the most affordable model people can actually get.”
Potter stated that in states where psilocybin assisted therapy is legal (for example, Oregon), patients sometimes pay $5,000 to $10,000 for psychedelic treatment.
Potter stated that there is a shortage of providers who provide behavioral health care in Rhode Island. Many of them are already so strained by the private insurance systems that they only accept patients who pay out-of-pocket. I don’t wish to make it worse.
He doesn’t also want to present the reform as a money-making change to his colleagues.
He said, “I do not want this initiative to be economically driven.” “This is not about creating a new state industry at the expense people’s health care. This is about providing a care option to people.”
The measure includes contingent provisions, which would be activated by federal reform. The legislation states that if the federal government reschedules psilocybin the state Department of Health will “establish rules and regulations regarding cultivation, distribution, and medical prescription.”
However, the wording in that provision can cause confusion. The wording of the provision suggests that the Food and Drug Administration, which is incorrectly referred as “Federal Drug Administration”, has the authority to reschedule. In reality, this jurisdiction is usually understood to be with the Drug Enforcement Administration. FDA is responsible for the approval of specific pharmaceutical drugs.
For example, in the case of Epidiolex CBD, FDA approved the drug, but DEA rescheduled cannabinoid. Even if DEA reschedules cannabis, it may be several months or even years before FDA approves a new marijuana drug.
The proposed Rhode Island measures would also provide a pathway to access psilocybin on a state level, contingent upon FDA’s “expansion” of its access program.
The Rhode Island Department of Health has approved a number of locations where psilocybin is available to patients with serious mental health disorders or behavioral disorders.
Potter, when asked about the bill’s wording, said that its primary goal is decriminalization. However, he also hopes to eventually allow doctors to prescribe psilocybin in their state. The bill’s proposals for limited possession, cultivation, and sharing are separate from any lack of clarity about what would happen after federal reform. These would go into effect on July 1, this year.
He said that the federal rescheduling provision was intended to allow therapists not only to prescribe a drug, but also to recommend natural therapies to their patients, if they believe this will be helpful. This is without any legal liability.
He said that the section in question is intended to kick-start the Health Department of the state.
He clarified, “It is really about delegation to the Department of Health. Like, ‘OK once this drug no longer falls under Schedule I, figure out what can be done to allow behavioral healthcare professionals recommend this to their patients as they see fit’.”
H7047 would only make temporary changes, which are scheduled to expire on July 1, 2026. Rhode Island’s Attorney General would have to report “the number of violation issued for possession cultivation or distribution of Psilocybin” to the House Speaker and Senate President before then. The State Department of Health, on the other hand, would be required to submit a report “relating to U.S. Food and Drug Administration (FDA’s) scheduling of Psilocybin and its permitted use for treatment of mental and behavioral health disorders.”
Potter explained that “any time we introduce something which could have a stigma attached to it or be controversial for a certain group of people, who are unfamiliar with it, this causes some hesitation and concerns.” As I discussed this with legislators and my colleagues, I tried to address these concerns. It was decided to keep track of the criminal justice implications of this and revisit it after a few years.
Robert Craven, the chairman of the House Judiciary Committee (D), and eight other legislators are cosponsors.
The only difference is the specific dates. They are almost identical to the legislator’s proposal for last session H 5923. Last year the full Rhode Island House of Representatives passed that legislation with a 54-11 vote . However, it failed to progress in Senate.
Potter, when the House passed the measure last year, called it “a step in the right direction towards addressing mental health with modern, evidenced-based policies and research.”
The lawmaker expressed his hope that the bill will be heard by the Senate this year.
Potter said that after the House voted on Potter’s bill last year, “I received a number of messages from people thanking me for passing the legislation and sharing with me their personal stories about how helpful psilocybin was to them.”
He added that he hoped that a Senate Committee hearing would allow them to hear from some of these voices and understand that a number people in Rhode Island have already benefited from this treatment. In doing so, they broke the law.
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The state’s cannabis system celebrated its first year of legal marijuana sales in the last month. Gov. Dan McKee, a Democrat from Rhode Island, said the state was “proud” of its careful execution. Retailers sold over $100 million in cannabis products within the first year.
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